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How to file a partition suit under Muslim law
16-Mar-2023 (In Property Law)
Am Sunni Muslim my husband had three brothers and one sister. My in law were dead and left one house. In that elder brother of my husband is residing.and he is not will to give shares to others and the brothers are force to give shares.he is avoiding that my mother has registered into my name. How we get share into the suit schedule property and what are document we required to file a plaint.
You will have to file Suit for partition as per the procedure of Civil procedure code. There is no personal muslim law which governs laws of partition.
Regarding fees, it depends on your case and facts, accordingly after examining the facts we can suggest you the fees.
Regarding fees, it depends on your case and facts, accordingly after examining the facts we can suggest you the fees.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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What is the share of property under Muslim law?
According to the provisions of muslim law, the womans share of the deceased husbands property is one-fourth. This increases to one-eighth if there are children. A husbands half share of his wifes estate after her death is equal to one-fourth in the case of children. 24-Mar-2023
Can a Muslim file a suit for partition?
This law is about the intestate succession of muslims. After a persons death, all of his assets, rights, and duties must be divided among his heirs. 14-Jul-2022
Is legal notice mandatory for partition suit?
Before filing a partition lawsuit to resolve a conflict, if you want to reach a resolution, it is necessary to serve each co-owner with statutory notices stating the co-owner, their share, and what action they will take.
How do I file a suit for a partition?
Step 1: Consultation With An Attorney ...
Step 2: Legal Warning ...
Step 3: Family Agreement & Partition Deed. ...
Note: The limitation period for filing a Partition suit is 12 years from the date the adverse claim was made to the party who filed the suit.
Hope that your in law has not left any will or gift deed in favour of your brother in law. If that is the case then all the rest of you can jointly file a partition suit against him . You should produce the death certificate of your in law along with legal heirship certificate and family tree from the Tahsildar's office to file the case. Feel comfortable to contact me for further legal help.
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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